McNamara v Maggitti
2011 NY Slip Op 04827 [85 AD3d 1538]
June 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 10, 2011


William L. McNamara, Respondent,
v
Andrew Maggitti, Defendant, and Anthony Nicosia, Appellant.

—[*1] Kenney Shelton Liptak Nowak LLP, Buffalo (Ryon D. Fleming of counsel), for defendant-appellant.

Campbell & Shelton LLP, Eden (R. Colin Campbell of counsel), for plaintiff-respondent.

Pelletter, McKelvey & Pelletter, Silver Creek (James J. Pelletter of counsel), for defendant.

Appeal from an order of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered June 14, 2010 in a personal injury action. The order denied the motion of defendant Anthony Nicosia for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on February 9, 2011, and filed in the Chautauqua County Clerk's Office on May 4, 2011,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Peradotto, Lindley, Sconiers and Martoche, JJ.